Federal Register / Vol. 82, No.

18 / Monday, January 30, 2017 / Presidential Documents 8663

Presidential Documents

Memorandum of January 24, 2017

Construction of the Keystone XL Pipeline

Memorandum for the Secretary of State[,] the Secretary of the Army[,

and] the Secretary of the Interior

Section 1. Policy. In accordance with Executive Order 11423 of August

16, 1968, as amended, and Executive Order 13337 of April 30, 2004, the
Secretary of State has delegated authority to receive applications for Presi-
dential permits for the construction, connection, operation, or maintenance,
at the borders of the United States, of facilities for the exportation or importa-
tion of petroleum, petroleum products, coal, or other fuels to or from a
foreign country, and to issue or deny such Presidential permits. As set
forth in those Executive Orders, the Secretary of State should issue a Presi-
dential permit for any cross-border pipeline project that would serve the
national interest.
Accordingly, pursuant to the authority vested in me as President by the
Constitution and the laws of the United States of America, I hereby direct
as follows:
Sec. 2. Invitation to Submit an Application. I hereby invite TransCanada
Keystone Pipeline, L.P. (TransCanada), to promptly re-submit its application
to the Department of State for a Presidential permit for the construction
and operation of the Keystone XL Pipeline, a major pipeline for the importa-
tion of petroleum from Canada to the United States.
Sec. 3. Directives. (a) Department of State. The Secretary of State shall,
if the application referred to in section 2 is submitted, receive the application
and take all actions necessary and appropriate to facilitate its expeditious
review. With respect to that review, I hereby direct as follows:
(i) The Secretary of State shall reach a final permitting determination,
including a final decision as to any conditions on issuance of the permit
that are necessary or appropriate to serve the national interest, within
60 days of TransCanadas submission of the permit application.
(ii) To the maximum extent permitted by law, the Final Supplemental
Environmental Impact Statement issued by the Department of State in
January 2014 regarding the Keystone XL Pipeline (Final Supplemental
EIS) and the environmental analysis, consultation, and review described
in that document (including appendices) shall be considered by the Sec-
retary of State to satisfy the following with respect to the Keystone XL
Pipeline as described in TransCanadas permit application to the Depart-
ment of State of May 4, 2012:
(A) all applicable requirements of the National Environmental Policy
Act of 1969, 42 U.S.C. 4321 et seq.; and
(B) any other provision of law that requires executive department con-
sultation or review (including the consultation or review required under
section 7(a) of the Endangered Species Act of 1973, 16 U.S.C. 1536(a)).
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(iii) To the maximum extent permitted by law, any Federal permit or

authorization issued before the date of this memorandum for the Keystone
XL Pipeline shall remain in effect until the completion of the project.
(iv) The agency notification and fifteen-day delay requirements of sections
1(g), 1(h), and 1(i) of Executive Order 13337 are hereby waived on the

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 8664 Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Presidential Documents

basis that, under the circumstances, observance of these requirements

would be unnecessary, unwarranted, and a waste of resources.
(b) Department of the Army. The Secretary of the Army shall, if the
application referred to in section 2 is submitted and a Presidential permit
issued, instruct the Assistant Secretary of the Army for Civil Works and
the U.S. Army Corps of Engineers, including the Commanding General and
Chief of Engineers, to take all actions necessary and appropriate to review
and approve as warranted, in an expedited manner, requests for authorization
to utilize Nationwide Permit 12 under section 404(e) of the Clean Water
Act, 33 U.S.C. 1344(e), with respect to crossings of the waters of the
United States by the Keystone XL Pipeline, to the maximum extent per-
mitted by law.
(c) Department of the Interior. The Secretary of the Interior, as well as
the Directors of the Bureau of Land Management and the United States
Fish and Wildlife Service, shall, if the application referred to in section
2 is submitted and a Presidential permit issued, take all steps necessary
and appropriate to review and approve as warranted, in an expedited manner,
requests for approvals related to the Keystone XL Pipeline, to the maximum
extent permitted by law, including:
(i) requests for grants of right-of-way and temporary use permits from
the Bureau of Land Management; (ii) requests under the United States
Fish and Wildlife Services regulations implementing the Migratory Bird
Treaty Act, 16 U.S.C. 703 et seq.; and (iii) requests for approvals or
other relief related to other applicable laws and regulations.
(d) Publication. The Secretary of State shall promptly provide a copy
of this memorandum to the Speaker of the House of Representatives, the
President pro tempore of the Senate, the Majority Leader of the Senate,
and the Governors of each State located along the Keystone XL Pipeline
route as described in TransCanadas application of May 4, 2012. The Secretary
of State is authorized and directed to publish this memorandum in the
Federal Register.
(e) Private Property. Nothing in this memorandum alters any Federal,
State, or local process or condition in effect on the date of this memorandum
that is necessary to secure access from an owner of private property to
construct the pipeline and cross-border facilities described herein. Land
or an interest in land for the pipeline and cross-border facilities described
herein may only be acquired consistently with the Constitution and applica-
ble State laws.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be con-
strued to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
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(c) This memorandum is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

Washington, January 24, 2017

[FR Doc. 201702035

Filed 12717; 8:45 am]
Billing code 471010P
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